A/74/255
Segregation policies
45. Even in countries where non-discrimination is enshrined in the law, the
Committee on the Elimination of All Forms of Racial Discrimination has expressed
concern over practices of segregation preventing marginalized castes, including Dalit
(CERD/C/NPL/CO/17-23), non-citizens and asylum seekers from accessing some
public places and facilities of general use such as places of worship, restaurants and
stores, in violation of articles 2 and 5 of the Convention (see CERD/C/JPN/CO/7-9,
para. 15; and CERD/C/CHE/CO/7-9, para. 17). Public authorities must take effective
action to end any such discriminatory practices, including on the basis of origin,
nationality and ethnicity, in compliance with international human rights standards.
Sexual orientation and gender identity
46. Utilizing public spaces has been a critical tool in the struggl e for dignity and
equality and for increasing the visibility of the rights claims of those facing
discrimination and violence on the basis of their sexual orientation or gender identity.
Pride and other commemoration marches take place in most regions of t he world.
47. At the same time, public spaces are still the site of human rights violations, hate
crimes, discrimination, including through laws and regulations, and violence and
harassment of persons on the basis of their sexual orientation and gender identity.
Oftentimes, these violations are justified in the name of “public morals”. 48 This must
be effectively tackled.
48. There is a need for public authorities to take action to ensure the protection of
lesbian, gay, bisexual, transgender, gender-diverse and intersex persons from
shaming, exclusion and abuse in public spaces, including by changing discriminatory
attitudes. Such a change in mindsets requires continued engagement and strong
signals of inclusion and official support, such as awareness-raising campaigns and the
display of rainbow flags on publicly owned buildings.
Children and youth
49. “Adolescents’ right to rest and leisure and to engage and participate freely in
play, recreational and artistic activities, both online and offli ne, are fundamental to
their exploration of identity, enabling adolescents to explore their culture, forge new
artistic forms, create relationships and evolve as human beings ”. 49 Public spaces are
often the only places adolescents can pursue these objective s and develop who they
are in relation to other adolescents and the rest of society. 50
50. Fear of and hostility towards adolescents in public spaces, and a lack of
adolescent-friendly urban planning and educational and leisure infrastructure, can
inhibit their freedom to engage in recreational activity and sports. Curfews and high -
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48
49
50
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See contribution by the International Commission of Jurists and its report Living with Dignity,
Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and
Public Spaces in India (June 2019), p. 104. See also contribution by Equal Ground asking for the
amendment of Laws 365 and 365A in Sri Lanka; CCPR/C/BHR/CO/1, paras. 23–24; and the
2019 report of the Independent Expert on protection against violence and discrimination based
on sexual orientation and gender identity to the General Assembly ( A/74/181), in particular its
paragraphs 29–32 and 101 (e).
Committee on the Rights of the Child general comment No. 20 (2016) on the implementation of
the rights of the child during adolescence (CRC/C/GC/20, para. 75).
Karen Malone, “Street life: youth culture and competing uses of public space”, Environment &
Urbanization, vol. 14, No. 2 (October 2002).
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